Justice Madan B Lokur, who retired as a judge of the Supreme Court of India on December 30, 2018, has been one of the most vocal judges in India. Currently, he is serving as a judge of the Supreme Court of Fiji since August 12, 2019. In an interview with The Tribune Legal Editor Satya Prakash, Justice Lokur articulated his views on a host of issues confronting the Indian judiciary. Excerpts:
How do you see the role of the judiciary in India? What would you expect the constitutional courts to do? Have they performed the role you expect them to?
The judiciary is obviously a very important institution in a democracy. I believe the days of an ivory tower judiciary are now over. The judiciary must appreciate this and be proactive in taking forward the constitutional vision of justice – social, economic and political. I expect every judge, not only constitutional courts, to be proactive, without fear or favour, affection or ill will. By and large the judges have performed their role as expected, but I think some of them have been a bit tentative over the last few years.
Wednesday 30, December 2020
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INTERVIEW
Judiciary is getting ‘executivised’: Justice Madan B Lokur
'No system for appointment of judges is perfect, including our collegium system'
Posted: Dec 29, 2020 06:26 PM Updated: 4 hours ago
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Justice Madan B Lokur (retd). Tribune file
Justice Madan B Lokur, who retired as a judge of the Supreme Court of India on December 30, 2018, has been one of the most vocal judges in India. Currently, he is serving as a judge of the Supreme Court of Fiji since August 12, 2019. In an interview with The Tribune Legal Editor Satya Prakash, Justice Lokur articulated his views on a host of issues confronting the Indian judiciary. Excerpts:
How do you see the role of the judiciary in India? What would you expect the constitutional courts to do? Have they performed the role you expect them to?
The judiciary is obviously a very important institution in a democracy. I believe the days of an ivory tower judiciary are now over. The judiciary must appreciate this and be proactive in taking forward the constitutional vision of justice – social, economic and political. I expect every judge, not only constitutional courts, to be proactive, without fear or favour, affection or ill will. By and large the judges have performed their role as expected, but I think some of them have been a bit tentative over the last few years.
In the recent past, you have been critical of the judiciary in general and the Supreme Court in particular. Why? Please elaborate.
I am sorry that by expressing my views, I seem to have conveyed this impression. I have and will continue to have great regard and respect for an independent judiciary. Certain events have transpired over the last few years that have dismayed me. For example, some of us felt that the then Chief Justice of India (CJI) was misusing his authority as Master of the Roster despite being cautioned. Four senior judges of the Supreme Court (including myself) spoke out against it. Matters did improve, but only temporarily. The next CJI went a few steps further down the slope in an unbelievable manner when he dealt with allegations of sexual harassment against himself.
Many (including myself) spoke out against what had happened. The Supreme Court then declined to give appropriate importance to some cases, such as those concerning electoral bonds, Citizenship (Amendment) Act, habeas corpus petitions, cases of alleged violations of fundamental rights and liberties such as free speech and freedom of the Press and so on, including the terrible hardships faced by migrants as a result of the lockdown.
A few months ago, about 20 senior lawyers of the Supreme Court addressed a letter to the CJI and all other judges articulating the Supreme Court’s “failure to protect the rights of the hapless millions of migrant workers in March and its failure to scrutinize the executive actions …. that severely and excessively impaired the fundamental rights of the poorest sections of our citizens”.
Even today, some lawyers are expressing their distress and dismay at some other developments.
The problem is that the High Courts and District Courts then begin to think that if the Supreme Court adopts a particular attitude or takes a particular stance, why should we take a different line. So, the judicial process down the line gets vitiated. That is troubling and in the overall context, it engenders the feeling that the Supreme Court and the judiciary is getting executivised.
Source ::
The Tribune
https://www.tribuneindia.com/news/nation/judiciary-is-getting-executivised-justice-madan-b-lokur-191046